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Deed in Lieu/Settlement Agreement

Real Estate, Retail

Hinckley Allen represented a borrower/developer in negotiating a favorable settlement agreement for a commercial real estate loan made by an international lender. The project was to redevelop an existing office park but the project faltered as the result of the economic recession and other factors. Over time, the amount of the loan came to far exceed the fair market value of the real estate collateral. There were significant issues and risks over what was and was not covered by the terms of a personal guaranty with the lender taking the position that the guarantor was responsible for up to one half of the full principal balance plus accrued interest. Using a creative and aggressive negotiating strategy, Hinckley Allen was able to limit the guarantor’s personal exposure to past due real estate taxes and structured that obligation so that it could be paid over time. The actual terms and conditions of the settlement are protected by a confidentiality agreement.